UNITED STATES v. CRUZ

No. 75-1425.

523 F.2d 473 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Clayton CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied January 12, 1976.


Attorney(s) appearing for the Case

Charles M. Sevilla (argued), Federal Defenders of San Diego, Cal., for defendant-appellant.

William A. Bower, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CARTER, GOODWIN and KENNEDY, Circuit Judges.


Certiorari Denied January 12, 1976. See 96 S.Ct. 797.

OPINION

KENNEDY, Circuit Judge:

Clayton Cruz was sentenced to fifteen years in prison after being convicted of possessing one ounce of cocaine with intent to distribute it, a violation of 21 U.S.C. § 841(a)(1). On this appeal he contends the trial court erred in its sentencing procedures. We affirm the trial court.

Count One of a six count indictment was dismissed before trial. Count...

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